MAHESHWARI BROS MUMBAI Vs. CHAIRMAN AND MANAGING DIRECTOR U P STATE TEXTILE CORPORATION LTD
LAWS(ALL)-2000-8-8
HIGH COURT OF ALLAHABAD
Decided on August 25,2000

MAHESHWARI BROS., MUMBAI Appellant
VERSUS
CHAIRMAN AND MANAGING DIRECTOR, UTTAR PRADESH STATE TEXTILE CORPORATION LTD., KANPUR Respondents

JUDGEMENT

Shyamal Kumar Sen, C.J. - (1.) In the instant writ petition, the petitioner has prayed for quashing of the impugned certificate dated 15.10.1998 (Annexure-6) issued by respondent No. 1 against the petitioner and forwarding letter dated 24.10.1998 (Annexure-6A) issued by respondent No. 2 and recovery notice dated 5.6.1999 (Annexures-5 and 5A) issued by respondent No. 3 to the petitioner in relation to recovery of the amount of Rs. 3,14,642 plus Rs. 2 with its all consequential effects throughout whatsoever with immediate effect.
(2.) The petitioner has also prayed for issuing mandamus commanding the respondents (i) not to recover the alleged amount of Rs. 3,14,642.39 contained in the recovery certificate as well as recovery notice from the petitioner either in cash or by way of making attachment of his movable and immovable property and selling the same in the auction proceedings. (ii) to decide his representation dated 9.8.1999 contained in Annexures-7 and 7A to the writ petition, and (iii) to refund the amount of TDR/Fixed Deposit Amount of Rs. 50,000 with the interest at the present bank rate accrued thereupon for last several years and further to pay the commission and loss suffered by the petitioner to the tune of Rs. 2 lacs due to non-performance of the contract No. 12 dated 16.11.1991 (Annexure-7A) by respondent No. 1.
(3.) The petitioner has further prayed for withdrawal of the recovery certificate dated 15.10.1998 and recovery notice dated 5.6.1999 with its all consequential effects.;


Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.